IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140014285
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he is authorized to retain his Enlistment Affiliation Bonus (EAB).
2. The applicant states he completed the service, but has not received the bonus.
3. The applicant provides:
* DA Form 3540-R (Certificate and Acknowledgement of U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment)
* Written Agreement EAB Addendum
* discharge orders
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 10 February 2006 for 8 years under the Delayed Entry Program (DEP). He was discharged from the USAR DEP for immediate enlistment in the Regular Army on 14 March 2006. He enlisted in the Regular Army on 15 March 2006 for 4 years and 22 weeks. On 7 January 2010, he extended his enlistment for a period of 13 months. He was honorably released from active duty on 16 September 2011.
2. On 12 September 2011, he enlisted in the USAR. His EAB Addendum shows he enlisted for a bonus in the amount of $5,000.00. Section IV (Obligation) of this addendum states, "I understand and hereby acknowledge that I must satisfactorily serve for the period stated in Section V of this agreement in a USAR unit."
3. Section V (Entitlement) of this addendum states, "I am eligible for an Affiliation Bonus by affiliating from AD [active duty], Individual Ready Reserve (IRR) status, or as a Prior Service applicant into a(n) USAR Selected Reserve unit for 3 years in the amount of $5,000.00."
4. On 9 February 2014, he was honorably discharged from the USAR.
5. In the processing of this case, a staff advisory opinion was obtained from the Chief, Manning Division, USAR Command, Fort Bragg, NC. The advisory official recommended denial of the applicant's request. The opinion stated:
a. The applicant entered the USAR on 12 September 2011 from the Active Component. Under the terms of the EAB Written Agreement, sections IV and V, he was obligated to serve 3 years in the USAR to be eligible for the EAB.
b. The applicant separated from the USAR on 9 February 2014, failing to reenlist for 1 year to meet the required 3-year USAR obligation.
c. The applicant completed 2 years and 5 months of service in the USAR. Therefore, he did not meet the contractual obligation to receive the EAB.
6. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms:
* the applicant entered the USAR on 12 September 2011 from the Regular Army
* he contracted for an EAB in the amount of $5,000.00
* under the terms of his EAB Addendum he was obligated to serve 3 years in the USAR to be eligible for the EAB
* he was honorably discharged from the USAR on 9 February 2014
2. He signed a contract that clearly stated he understood he must satisfactorily serve for 3 years in the USAR to be eligible for the EAB.
3. Since he violated his EAB Addendum contractual obligation by not serving 3 years in the USAR, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140014285
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014285
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006556
The applicant provided the following additional documentary evidence in support of her application: a. DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 15 May 2007 (DCARNG Enlistment); b. DD Form 3540-R (Certificate of Acknowledgement of U.S. Army Reserve Service Requirements and Method of Fulfillment), dated 20 October 2006; c. Undated Written Agreement - Enlisted Affiliation Bonus; d. DA Form 5691-R (Request for Reserve Component Assignment Orders),...
ARMY | BCMR | CY2012 | 20120019023
The applicant states: a. The applicant stated he enlisted in the USAR for a 6-year period in MOS 31B and for an EAB of $20,000.00. His records show he voluntarily requested to be released from the USAR 94th MP Company and he enlisted in the NHANG on 11 June 2010.
ARMY | BCMR | CY2014 | 20140011736
The applicant requests correction of his records to show he is qualified to retain the Enlisted Affiliation Bonus (EAB) he contracted for with the Missouri Army National Guard (MOARNG). The applicant states that he contracted with the MOARNG to get a $20,000 bonus. The available evidence clearly shows that the applicant enlisted in the MOARNG on 15 March 2006 for a period of 6 years and completed the bonus addendum that day.
ARMY | BCMR | CY2012 | 20120017503
The applicant requests, in effect, termination of recoupment of a $20,000 Enlistment Affiliation Bonus (EAB). The applicant provides: * self-authored letter to the Iowa Army National Guard (IAARNG), dated 16 March 2012 * Enlisted Affiliation Bonus (EAB) Addendum, dated 24 April 2006 * Orders Number 56-404, Headquarters, IAARNG, Office of the Adjutant General, Johnston, IA, dated 25 February 2009 CONSIDERATION OF EVIDENCE: 1. A National Guard Bureau (NGB) Form 22 (Report of Separation and...
ARMY | BCMR | CY2015 | 20150012995
He was told that he did not receive the EAB because the witnessing officer dated his contract on a different date. The applicant provides: * EAB Addendum * memorandum, subject: ETP for [Applicant], issued by Headquarters, USAR Command, dated 8 June 2015 * memorandum, subject: USAR Bonus Addendum [Applicant], issued by Headquarters, U.S Army Pacific (USARPAC), dated 29 June 2015 * memorandum, subject: USAR Bonus Addendum [Applicant], issued by Charlie Company, 319th Signal Battalion...
ARMY | BCMR | CY2012 | 20120002362
c. In November 2011, he received notification from the Montana ARNG Incentive Office that he was in violation of the OAB due to receiving SLRP and he would be liable for recoupment of $5,000.00 of his OAB. There is no evidence in his military service records that shows his contract for the SLRP was terminated prior to completing OBC. The applicant cannot receive both the SLRP and OAB.
ARMY | BCMR | CY2011 | 20110020456
The applicant requests the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) that she executed on 3 February 2010 be voided and removed from her military service records. The applicant and a commissioned officer signed the document on 3 February 2010. d. Two email messages that show: (1) On 15 September 2011, an Army official indicated that the applicant: * was not authorized an affiliation bonus because she was required to reenlist for 1 year upon assignment and failed to do...
ARMY | BCMR | CY2011 | 20110003275
The applicant states she did not receive the second half of her affiliation bonus prior to separation on 14 December 2009. A written Agreement Enlisted Affiliation Bonus Addendum that shows she enlisted for assignment to a unit vacancy in the Selected Reserve which is authorized the grade and MOS of 89B. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and...
ARMY | BCMR | CY2013 | 20130020949
He stated he had received the first installment of $5,000.00 on 17 June 2011 and that although the Bonus Addendum could not be located, the incentive was offered at the time of his commission. The applicant enlisted in the FLARNG on 21 August 2008. As a result, the Board recommends that all Department of the Army and state ARNG records of the individual concerned be corrected to show: * the 20 March 2010, a Written Agreement OAB Addendum, was properly prepared with a Bonus Control...
ARMY | BCMR | CY2014 | 20140003377
The applicant requests, in effect, correction of his military records to show his entitlement to a $7,500.00 Prior Service Enlistment Bonus (PSEB) vice a $10,000.00 Enlistment Affiliation Bonus (EAFB) and cancellation of the recoupment payment of $3,750.00. The advisory opinion further stated: * The applicant enlisted in the CAARNG on 12 February 2007 and he signed a $10,000.00 EAFB addendum * He was not eligible to receive the bonus because he did not transition from active duty and had...